Topic 6

Question 1

Torts

Answer 1

• a private wrong
• A private matter against an
  individual, corporation or body
  of government

Question 2

Tort law

Answer 2

law aiming to remedy
private wrongs through
compensation

Question 3

True or false Tort law differs from contract
law

Answer 3

True

Question 4

The two areas of law have been
distinguished since the 11th century

Answer 4

• criminal law and tort law

Question 5

True or false, there is overlap between the 2 areas of law, tort and criminal

Answer 5

True

Question 6

Criminal law is..

Answer 6

• Criminal law is a public wrong; an
offence against the public interest

Question 7

Criminal law is meant to…

Answer 7

Criminal law is meant to punish
wrongdoings, defer further
infringements, express social
condemnation for wrongdoings and
rehabilitate offenders

Question 8

Like tort law, criminal law is developed
through case law (true or false)

Answer 8

True

Question 9

While criminal law determines ———,
tort law determines ———-

Answer 9

While criminal law determines guilt,
tort law determines liability

Question 10

Liability

Answer 10

: the responsibility for a legal
obligation

Question 11

Are the standards of tort liability and
criminal guilt are different

Answer 11

Yes

• Liability based on probability
• Guilt based on proof beyond a
  reasonable doubt

Question 12

In tort law, is there a requirement to prove intention

Answer 12

• In tort law, there is no requirement to
prove intention

Question 13

Types of Torts

Answer 13

• Intentional tort
• Negligent tort
• Strict liability tort
• Property tort
• Dignitary tort
• Economic tort
• Toxic tort

Question 14

Give an example of intentional tort

Answer 14

• wrongful act done to harm someone
• assault

Question 15

Give an example of negligent tort

Answer 15

• wrongful act that happens because someone wasn’t careful
• a driver runs a red light and crashes into another car because they weren’t paying attention

Question 16

Give an example of strict liability tort

Answer 16

• being responsible for harm even if you didn’t mean to cause it and no matter how careful you were usually associated with pet owners and selling products as a company
• example owning a dangerous animal, example the Delilah dog case

Question 17

Give an example of property tort

Answer 17

• a wrongful act that harms someone’s property
• spray painting someone’s car/house

Question 18

Give an example of dignitary tort

Answer 18

• harm to someone’s reputation or emotional well being
• defamation; spreading false rumours about someone to damage their reputation

Question 19

Give an example economic tort

Answer 19

• harm caused to someone’s financial situation or business
• intentionally obstructing ones economic abilities, obstructing sales, investments business, undermining business

Question 20

Toxic tort

Answer 20

• harm caused by exposure to harmful chemicals or substances
• a factory dumps toxic waste into river, making people sick

Question 21

Intentional torts

Answer 21

torts that occur as a result
of intentional physical or mental harm to
someone

Question 22

There are different standards between
intentional torts and negligence

Answer 22

• Involves intentional wrongdoings with
unintentional consequences, foreseeability

Question 23

Defences in intentional tort law

Answer 23

• consent
• self defence
• necessity
• legal authority

Question 24

Negligence

Answer 24

• the failure of an individual or organization to meet a standard of reasonable care resulting in the injury of someone

Question 25

Duty of care

Answer 25

• a legal obligation in a specific context

Question 26

Standard of care

Answer 26

the degree/level of strictcare a reasonable person would apply in a specific context

Question 27

Reasonable person

Answer 27

someone who would not be expected to be negligent under specified circumstances

Question 28

Causation

Answer 28

links the defendants breach of obligation to the plaintiff’s injury

Question 29

Remoteness

Answer 29

reflects whether a specific damage suffered by someone was reasonably foreseeable

Question 30

More v. Bauer Nike Hockey Inc.

Answer 30

- hockey player suffered a serious head injury while wearing a Bauer helmet, alleging that the helmet was negligently designed he lost the case

Question 31

Mustapha v culligan

Answer 31

- man who suffered mental distress after finding dead flies in bottle of drinking water

Question 32

Defences to negligence include:

Answer 32

• Contributory negligence • Accident • Voluntary assumption of risk • Participation in a criminal act

Question 33

King v. Redlich

Answer 33

Contributory negligence - motorcyclist had failed to take reasonable care for their damages accordingly

Question 34

Punitive damages

Answer 34

- damages awarded in tort law beyond what is necessary to compensate the injured - criticized for potentially duplicating sanctions with criminal law

Question 35

Whiten V pilot insurance Co

Answer 35

- relates to punitive damages

Question 36

Tort law is primarily concerned with compensation for the injured

Answer 36

• Many argue that tort law is inefficient for providing compensation • Vehicle accidents and work- related accidents are covered by insurance companies and compensation boards, respectively